About the Secretary

Steven Terner Mnuchin was sworn in as the 77th Secretary of the Treasury on February 13, 2017. As Secretary, Mr. Mnuchin is responsible for the U.S. Treasury, whose mission is to maintain a strong economy, foster economic growth, and create job opportunities by promoting the conditions that enable prosperity at home and abroad.

TREASURY ORDER 105-13

1. PURPOSE.This order establishes Treasury policy on the disclosure to prosecutors of potential impeachment information concerning Treasury employees who will be providing a sworn statement or testifying as a witness for the Government in a federal criminal proceeding.The purpose of this policy is to ensure that prosecutors receive sufficient information to meet their obligations under Giglio v. United States, 405 U.S. 150 (1972), while protecting the legitimate privacy rights of Treasury employees.[1]To achieve these objectives, this Treasury policy adopts, and is deemed coextensive with, the Department of Justice’s (DOJ) Giglio Policy in effect at the time a request for disclosure is made.

2. SCOPE.This Order applies to all bureaus, offices, and organizations of the Department of the Treasury, including the offices of Inspectors General.The provisions of this Order shall not be construed to interfere with or impede the authorities or independence of the Department’s Inspectors General.

3.POLICY.

a.Preface.

1) To ensure continuing consistency with Department of Justice policy, Treasury adopts and shall follow any existing Department of Justice Giglio Policy in effect at the time a request for potential impeachment information from a prosecutor is made.

2) This policy applies to all Department employees who will be providing a sworn statement or testifying as a witness for the Government in a federal criminal proceeding, but will primarily be applicable to law enforcement employees of the Internal Revenue Service, the Office of the Inspector General, the Office of the Treasury Inspector General for Tax Administration, and the Office of the Special Inspector General for the Troubled Asset Relief Program.

b.Obligation to Disclose Potential Impeachment Information Relating to Department of the

Treasury Employees.

Treasury and its bureaus, offices, organizations, and employees have an obligation to disclose to the prosecuting offices of DOJ, upon request, any potential impeachment information concerning Treasury employees who will be providing a sworn statement or

testifying as a witness for the Government in a federal criminal proceeding.To meet this obligation, Treasury shall follow the DOJ Giglio Policy in effect at the time a request for disclosure is made.The DOJ Giglio Policy shall be maintained on the Treasury intranet, and shall be circulated to bureau counsel annually by the Office of the General Counsel.

4.AUTHORITIES.

a.Brady v. Maryland, 373 U.S. 83 (1963)

b.Giglio v. United States, 405 U.S. 150 (1972)

c.31 U.S.C. § 321(b)

d.5 U.S.C. § 301

5.CANCELLATION.Treasury Order 105-13, “Policy Regarding the Disclosure to Prosecutors of Potential Impeachment Information Concerning Department of the Treasury Witnesses,” dated February 19, 1997, is superseded.

6.OFFICE OF PRIMARY RESPONSIBILITY.Office of the General Counsel.

/S/

Jacob J. Lew

Secretary of the Treasury

[1] This policy is not intended to create or confer any rights, privileges, or benefits to prospective or actual witnesses or defendants. It is also not intended to have the force of law.